Petitioner challenged latrine construction at a temple tower. Third respondent offered to convert the building. Court held nothing survived for consideration.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.04.2017 CORAM : THE HONOURABLE MR.JUSTICE V.PARTHIBAN
Writ Petition (MD) No.6055 of 2015 and MP(MD)No.1 0f 2015
H.A.Sudhakar ... Petitioner
Vs.
1.The Joint Commissioner, HR and CE, Tirunelveli Zone, Palayamkottai,
Tirunelveli District.
2.The commissioner, Tirunelveli Municipal Corporation, Tirunelveli-627 001
3.The Temple Executive Officer, Arulmigu Swami Nellaiappar Temple, Tirunelveli Town-627 006 ... Respondents
PRAYER: The Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus restraining the 2nd respondent from putting up any construction work of latrines and toilets within the precincts of Tirunelveli Arulmigu Swami Nellaiappar Temple Tower and to direct the respondents to construct the same at any of the temple land away from the Northern Tower of the temple by considering the representation dated 09.04.2015 within a time frame as fixed by this Honourable Court.
For Petitioner : Mr.D.Saravanan For R1 : Mr.M.Alaga thevan Special Government Pleader For R2 : Mr.Aayiram K. Selva Kumar Government Advocate For R3 : Mr.T.Selvan
O R D E R
This writ petition has been filed seeking issuance of writ of mandamus restraining the 2nd respondent from putting up any construction work of latrines and toilets within the precincts of Tirunelveli Arulmigu Swami Nellaiappar Temple Tower and to direct the respondents to construct the same at any of the temple land away from the Northern Tower of the temple by considering the representation dated 09.04.2015 within a time frame as fixed by this Honourable Court.
2
respondent.
3.The third respondent has filed an affidavit. It is stated in paragraph No.4 of the said affidavit as follows: “I file this affidavit seeking permission of this Hon'ble Court to convert the building to the other usage such as Cloak room, Chappel stand instead of demolishing the building”.
nothing survives for consideration in this writ petition. Hence, this writ petition is dismissed. No costs. Consequently, connected M.P.(MD) No. 1 of 2015 is also dismissed.
Sd/-
Assistant Registrar (RTI)
/True copy/
Sub Assistant Registrar
To
PSM/SV-MMS/20.04.2017/2P/7C
Writ Petition (MD) No.6055 of 2015 and MP(MD)No.1 0f 2015 05.04.2017
H.A.Sudhakar
Joint Commissioner, HR and CE, Tirunelveli Zone
Commissioner, Tirunelveli Municipal Corporation
Temple Executive Officer, Arulmigu Swami Nellaiappar Temple
V.Parthiban
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court